FantasticSearch

1. Each Member State shall keep a record of the justifications for the queries that its competent authorities make. Europol shall keep a record of the justifications for the queries it makes.

2. The justifications referred to in paragraph 1 shall include:

(a) the purpose of the query, including a reference to the specific case or investigation and, where applicable, the criminal offence;

(b) an indication as to whether the query concerns a suspect or a person convicted of a criminal offence, a victim of a criminal offence, a missing person or unidentified human remains;

(c) an indication as to whether the query aims to identify a person or obtain more data on a known person.

3. The justifications referred to in paragraph 1 of this Article shall be traceable to the logs referred to in Articles 18, 40 and 45. Those justifications shall only be used for assessing whether the searches are proportionate and necessary for the purpose of preventing, detecting or investigating a criminal offence, for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security and integrity. Those justifications shall be protected by appropriate measures against unauthorised access and shall be erased three years after their creation. If, however, they are required for monitoring procedures that have already begun, they shall be erased once the monitoring procedures no longer require the justification.

4. In order to assess the proportionality and necessity of searches for the purpose of preventing, detecting or investigating a criminal offence or for the purposes of data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, the data controllers shall have access to those justifications for self-monitoring as referred to in Article 55.